S.R.Prabakaran, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2024 CORAM :
THE HONOURABLE DR. JUSTICE D. NAGARJUN Writ Petition Nos. 4149 & 4150 of 2015 and M.P. No. 2 of 2015 and W.M.P. Nos. 9980 & 9981 of 2018 S.R. Prabakaran
...Petitioner in both the petitions
Versus
1.The Secretary to Government, Welfare of Differently abled persons department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The Secretary to Government, Higher Education Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
3.The State Special Commissioner for the disabled, Office of the State Special Commissioner for the disabled, 4.The Director of Legal Studies, Purasawalkkam High Road, Kilpauk, Chennai - 600 010.
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5.The Secretary, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, ... Respondents in both the petitions PRAYER in W.P. No. 4149 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records on the file of the first respondent bearing G.O. Ms. No. 34 Social Welfare and Nutritious Meal Programme (SW4) Department dated 06.03.2007 issued by the first respondent in so far as the amendment 3(ii) in respect of deletion of Part Time Lecturer post identified as suitable for Blind and Orthopedically Handicapped persons in Government Law Colleges in SI. No. 9(b) is concerned and quash the same and consequently direct the first respondent to revive the earlier SI. No. 9(b) in G.O. No. 53, Social Welfare and Nutritious Meal Programme (SW 4) Department dated 11.04.2005 in respect of the appointment of visually impaired persons as Part Time Lecturers in Government Law Colleges.
PRAYER in W.P. No. 4150 of 2015: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus 2/6
directing the first respondent to make necessary amendments in G.O. Ms. No. 53, Social Welfare and Nutritious Meal Programme (SW4) Department dated 11.04.2005 and in the subsequent G.O.(Ms) No. 25 Welfare of Differently Abled Persons (DAP 2.1) Department dated 14.03.2013 and other consequent Government orders, so as to include the post of 'Lecturers (Senior Scale)' in Government Law Colleges in other than Pre-Law for the Visually impaired persons in A and B categories of posts, in the list of complete identified posts in accordance with "The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995" and the guidelines enumerated by the Honourable Supreme Court of India and for a consequential direction to the fifth respondent to permit the petitioner to write the examinations in the ensuing years, subject to fulfillment of the qualifications required. For Petitioner : Ms. A.V. Bharathi (in both). For Respondents : Mr. S. Ravikumar, Special Government Pleader (in both).
C O M M O N O R D E R When these petitions are taken up for hearing, the learned counsel for the petitioner in both the petitions seeks permission of this Court to withdraw these petitions and has made an endorsement to that effect in 3/6
both the cases.
2.Hence, these writ petitions are dismissed as withdrawn. No costs. Consequently the connected Miscellaneous petitions are closed. 11.01.2024 ay Index: Yes/No Speaking Order / Non-Speaking Order To 1.The Secretary to Government, Welfare of Differently abled persons department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
2.The Secretary to Government, Higher Education Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.
3.The State Special Commissioner for the disabled, Office of the State Special Commissioner for the disabled, 4.The Director of Legal Studies, 4/6
Purasawalkkam High Road, Kilpauk, Chennai - 600 010.
5.The Secretary, Teachers Recruitment Board, EVK Sampath Maligai, DPI Compound, College Road, 5/6
DR. D. NAGARJUN, J ay W.P. Nos. 4149 & 4150 of 2015 and M.P. No. 2 of 2015 and W.M.P. Nos. 9980 & 9981 of 2018 Dated: 11.01.2024 6/6